Tyler v. Willis
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiif as receiver of the assigned property of Daniel W. Whitney, to have; a’certain lease and mortgage,, alleged to belong to Whitney, delivered, up and assigned to the plaintiff by the defendant-,'¡and-for an account of the amount which the defendant had received or collected thereon, and of the amount which the defendant was entitled to .retain, out of the moneys so received or…
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APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiif as receiver of the assigned property of Daniel W. Whitney, to have; a’certain lease and mortgage,, alleged to belong to Whitney, delivered, up and assigned to the plaintiff by the defendant-,'¡and-for an account of the amount which the defendant had received or collected thereon, and of the amount which the defendant was entitled to .retain, out of the moneys so received or collected by him. And the plaintiff prayed for an injunction to restrain the defendant from assigning or disposing of…
1Opinion of the Court
By the Court,
Ingraham, J.
The first objection taken to
the judgment in this case relates to the authority under which the plaintiff acts as receiver. He was appointed receiver in a proceeding in the Hew York common pleas, as well as in other proceedings in the superior court. Upon the hearing *331before the referee these proceedings were objected to, on account of sundry irregularities which were supposed to exist therein. These irregularities were not objected to by the defendant in the judgment, but on the contrary, the debtor consented to the appointment of the receiver, and to his acting…
2Cited by9 opinions
- Powell v. . WaldronNew York Court of Appeals · 1882
- First National Bank of Laramie v. CookWyoming Supreme Court · 1904
- Michigan State Industries v. Fischer Hardware Co.Ohio Court of Appeals · 1934
- High Rock Knitting Co. v. BronnerNew York Supreme Court · 1896
- Barbour v. National Exchange BankOhio Supreme Court · 1887
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